The Freedom to be a Member of a Trade Union
According to the Constitution of the Republic of Turkey and the Labour Code No. 4857, employees and employers have the right to become members of trade unions and higher organizations and to establish unions without prior permission.
Likewise, no one can be compelled to join or leave a union. Yet, employees or employers cannot be members of more than one trade union at the same time.
Trade union discrimination is prohibited. (Republic of Turkey Constitution Art. 33 & 51, Labor Law Art. 18 and Trade Unions and Collective Bargaining Agreement Law Art. 3, 17 and 25).
According to the Turkish Penal Code, a person who uses force or threat against a person to force him to join or not join a union, to join or not participate in the activities of the union, to force him to leave the union or his position in the union management, is sentenced to imprisonment from six months to two years. In cases where the activities of a trade union are hindered by force or threat or by any other unlawful act, a prison sentence of one to three years is imposed.
The Freedom of Collaboration regarding Trade Unions
Collective bargaining right is guaranteed by the Constitution (Art. 53) and has been regulated within the framework of the Labor Law No. 6356 on Trade Unions and Collective Bargaining Agreement 2012 (Art. 33-57). Workers and employers have the right to conclude collective bargaining agreements in order to mutually regulate their economic and social conditions and working conditions.
A Collective Bargaining Agreement (CBA) must be drawn up in writing. Its duration can vary from one year (minimum) to three years (maximum). This period, once agreed upon, cannot be extended or shortened again and cannot be terminated before an issued CBA period expires.
The Right to Strike
According to the Turkish Constitution, workers have the right to strike and the employer has the right to lockout in case of disagreement during the conclusion of the collective bargaining agreement. The right to strike and lockout cannot be used in a manner contrary to the rules of goodwill, to the detriment of the society or to destroy the national wealth.
Political strikes and lockouts, solidarity strikes and lockouts, general strikes and lockouts, workplace occupations, slowing the work, reducing productivity and other resistances are prohibited.
Those who do not participate in the strike cannot be prevented from working at the workplace in any way. Some obligations must be fulfilled in order to start the strike.
To start a strike, a quarter of the workers must vote in favor of the strike. Organizations/occupations with a ban on strikes and lockouts include a wide list of banking services, hospitals and public transport. The employer may hire new workers, with the written permission of the competent authority, among the workers who participated in the strike and lockout, instead of those who cannot work for any reason (Art. 54 of the Constitution of the Republic of Turkey No. 2709 and Law on Unions and Collective Bargaining No. 6356, Art. 58-75, 2012).
The Turkish Regulations regarding Trade Unions
Constitution of the Republic of Turkey No. 2709, 1982 (last amended in 2011) / Constitution of the Republic of Turkey Act No. 2709, 1982 (last amended in 2011)
Unions and Collective Bargaining Agreements Law No. 6356, 2012 / Law on Trade Unions and Collective Bargaining Agreements No. 6356, 2012
